Legal Question in Employment Law in California
My employer wants me to sign a release in order for me to receive the backpay he owes me. My last day is next Friday and he won't give it to me or lay me off until I sign. He says if I don't sign he will say that I quit when I file for unemployment.
Should I sign?
Also, the company is suspended right now due to not filing and paying California state taxes. He doesn't know that I know this. I looked it up and my understanding is that any contract the company enters into while suspended is null. Is that correct?
1 Answer from Attorneys
Your employer is required to give you all wages owed. If you are fired or laid off, your final check, including all earned and unused vacation or PTO must be paid on the date of termination. The same is true if you quit and gave at least 72 hours' notice. If you don't get paid in full on your final day, you will be owed one day's pay for each day you have to wait - up to 30 days plus your attorney's fees "shall" be paid by your employer. You are not required to sign anything to receive your back pay or any other pay except for severance pay which usually requires a signed release. It may be wise to have an employment law attorney read the release they want you to sign and advise.
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